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From: "Sue Silver" <>
Subject: [CASiskiyou] California Senate Bill 1614
Date: Wed, 26 Jun 2002 06:35:13 -0700


This is to advise you that SB 1614, which will restrict access EVEN to INDEXES of births, deaths, etc., has been amended again. The new text is as below.

If you value your right to research your genealogy or to help others who do not reside in the state, NOW is the time to contact your STATE REPRESENTATIVES. The California State Assembly and Senate websites have member listings and you may find how to contact your representatives by accessing those site. If you do nothing now, it will be too late to protest.

Assembly http://www.assembly.ca.gov/acs/acsframeset7text.htm
Find your district
http://www.assembly.ca.gov/acs/acsframeset9text.htm

Senate http://www.sen.ca.gov/~newsen/senators/senators.htp
Find your district http://www.sen.ca.gov/~newsen/senators/districtmaps.HTP

This Bill will KILL ANY access to these records except, of course, if you are a FINANCIAL INSTITUTION trying to see if an applicant is actually still living.

If you like being punished because there are a few criminals out there, do nothing. This fits the bill... If you don't want your access restricted, contact your state representative and send this to others who may be interested.

Sue Silver
El Dorado County

BILL NUMBER: SB 1614AMENDED
BILL TEXT

AMENDED IN ASSEMBLY JUNE 25, 2002
AMENDED IN SENATE MAY 30, 2002
AMENDED IN SENATE MAY 15, 2002
AMENDED IN SENATE APRIL 24, 2002
AMENDED IN SENATE APRIL 15, 2002

INTRODUCED BY Senator Speier

FEBRUARY 21, 2002

An act to amend Section 102230 of, and to add Sections 102231
and 102232 to, the Health and Safety Code, relating to public
records , and making an appropriation therefor .


LEGISLATIVE COUNSEL'S DIGEST


SB 1614, as amended, Speier. Public records: vital statistics.
Existing law requires the Director of Health Services, as the
State Registrar of Vital Statistics, to administer the registration
of births, deaths, fetal deaths, and marriages. Existing law
requires the State Registrar to arrange and permanently preserve the
certificates in a systematic manner and to prepare and maintain a
comprehensive and continuous index of all certificates registered.

This bill would declare the intent of Legislature to enact
legislation to protect the confidentiality of birth and death record
indices.
Existing law, the California Public Records Act, requires state
and local agencies to make records that are not otherwise exempt from
disclosure available to the public upon receipt of a request that
reasonably describes an identifiable record, and upon payment of fees
to cover costs.
This bill would require the comprehensive index described above,
and birth and death record indices prepared or maintained by local
registrars and county recorders, to be kept confidential, except that
these indices may be disclosed to government agencies as prescribed
by law. This bill would exempt these indices from disclosure under
the California Public Records Act.
This bill would prohibit a government agency from selling or
releasing these indices, except as authorized by law. This bill
would also prohibit specified entities and individuals from releasing
any of the information contained in a comprehensive index purchased
from the State Registrar prior to December 31, 2001, to a 3rd party.
This bill would authorize the department to assess an unspecified
civil penalty to enforce this provision.
This bill would require, on or before January 1, 2004, the State
Registrar to establish separate noncomprehensive electronic indices
of all California birth and death records and make the indices
continuously, electronically available to county recorders' offices
statewide. This bill would appropriate $400,000 to the State
Department of Health Services from the Health Statistics Special Fund
for the purposes of developing the noncomprehensive indices.
This bill would require the noncomprehensive indices to be
available at the State Registrar's office and in county recorders'
offices for public inspection and viewing only at computer terminals
designated for this purpose, by individuals who have signed a
standard form certifying, under penalty of perjury, that the
information they view will not be used for criminal purposes.
This bill would, in order to prevent identity theft and fraud,
permit the release of specified personal information contained in
birth and death data files, as defined, to financial institutions and
consumer credit reporting agencies, as defined, for the sole purpose
of determining if the person whose information is being released is
still living.
By expanding the scope of the crime of perjury, and by increasing
the duties of local officials, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority 2/3 .
Appropriation: no yes . Fiscal
committee: no yes . State-mandated
local program: no yes .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


SECTION 1. It is the intent of the Legislature to enact
legislation to protect the confidentiality of birth and death record
indices.
SECTION 1. Section 102230 of the Health and Safety Code is amended
to read:
102230. (a) (1) The State Registrar shall arrange and
permanently preserve the certificates in a systematic manner and
shall prepare and maintain a comprehensive and
continuous index indices and data files
of all certificates registered.
(2) Except as provided in Section 102231, the birth and death
record indices prepared pursuant to paragraph (1), and all birth and
death record indices prepared or maintained by local registrars and
county recorders, shall be kept confidential and shall be exempt from
disclosure under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).
(3) Nothing in this section shall prohibit the release of the
information contained in comprehensive birth and death record indices
and data files to government agencies as prescribed by law.
(4) Notwithstanding paragraph (2), the State Registrar may release
the indices and data files described in paragraph (1) to any
government agency. A government agency that obtains an index
pursuant to this paragraph may not release any portion of its
contents to any other party.
(b) In addition to the indices prepared pursuant to subdivision
(a), the State Registrar shall prepare separate noncomprehensive
electronic indices of all California birth and death records that
shall be made available for public inspection pursuant to Section
102231.
(c) A government agency may not sell or release birth and death
record indices prepared and maintained pursuant to subdivision (a) by
the State Registrar or by local registrars and county recorders and
obtained by the government agency, except as authorized by law.
(d) (1) An individual, corporation, or other business entity that
purchased a comprehensive index prepared by the State Registrar
pursuant to subdivision (a) from the State Registrar prior to
December 31, 2001, may not use, or sell, share, or disclose any of
the information contained therein to a third party.
(2) Any person who, in violation of this section uses, sells,
shares, or discloses any information provided pursuant to this
section, or who uses information provided pursuant to this section in
a manner other than as authorized pursuant to this section, may be
denied further access to any personally identifying information or
confidential information maintained by the department. That person
shall also be subject to the assessment of a civil penalty by the
department in the amount of ____ ($____). The penalty provided in
this section shall not be construed as restricting any remedy,
criminal, provisional, or otherwise, provided by law for the benefit
of the department or any person.
(e) The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.

SEC. 2. Section 102231 is added to the Health and Safety Code, to
read:
102231. (a) On or before January 1, 2004, and contingent upon
funding being made available in the Budget Act or by other
appropriation, the State Registrar shall establish separate
noncomprehensive electronic indices of all California birth and death
records and make the indices continuously, electronically available
to county recorders' offices statewide. Notwithstanding the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code), no part of
these indices may be released to any individual or entity, except as
authorized by this section or Section 102230 or 102232.
(b) Contingent upon funding being made available in the Budget Act
or by other appropriation, the separate noncomprehensive electronic
indices prepared pursuant to this section shall be available at the
State Registrar's office and in county recorders' offices for public
inspection only at computer terminals designated for this purpose,
and shall be subject to the following restrictions:
(1) Availability to public inspection shall be limited to viewing
only.
(2) An individual who wishes to inspect the indices shall sign a
standard form, as described in subdivision (d), certifying under
penalty of perjury that the information he or she views will not be
used for criminal purposes. Counties shall maintain the signed forms
for seven years from the end of the month of signature. Maintenance
of an electronic image of the form shall be an acceptable means of
complying with this paragraph.
(c) Upon implementation of subdivision (b), the separate
noncomprehensive electronic indices prepared pursuant to this section
shall be the only birth and death record indices open to public
inspection or otherwise available to the public. Nothing in this
section prohibits a disclosure that is authorized by Section 102232.

(d) The State Registrar shall develop a standard form to be signed
by persons who wish to inspect the indices, pursuant to paragraph
(2) of subdivision (b).
(e) For purposes of this section, "noncomprehensive index" means
an index that contains information, excluding the social security
numbers of deceased persons from death records, that the State
Registrar has selected to include from the comprehensive index
described in paragraph (1) of subdivision (a) of Section 102230. The
State Registrar shall determine the information from the
comprehensive index that shall be included in the noncomprehensive
index, based on the lawful uses that may be made of the
noncomprehensive index and the privacy needs of individuals whose
records are included in the index.
(f) The amount of four hundred thousand dollars ($400,000) is
hereby appropriated from the Health Statistics Special Fund to the
department for purposes of developing the noncomprehensive indices
pursuant to subdivision (a).
(g) A county is not required to comply with this section until the
department has completed development of the viewing system, provided
a computer terminal for public inspection purposes to the county,
and established a maintenance agreement on the equipment with the
county.
SEC. 3. Section 102232 is added to the Health and Safety Code, to
read:
102232. (a) For purposes of Sections 102230 and 102231 and this
section, the following definitions apply:
(1) "Birth data files" means computerized data compiled from birth
certificates registered with the department and maintained pursuant
to Section 102230.
(2) "Death data files" means computerized data compiled from death
certificates registered with the department and maintained pursuant
to Section 102230.
(3) "Person" means any individual, firm, corporation, partnership,
limited liability company, joint venture, or association.
(4) "Personal identifying information" means first name, middle
name, last name, mother's maiden name, and father's surname, and a
social security number that is contained in a death data file.
(5) "Financial institution" means any commercial bank, trust
company, savings and loan association, credit union, industrial loan
company, insurance company, or person engaged in the business of
lending money.
(b) Notwithstanding any other provision of law, the department
shall not release birth or death data files containing personal
identifying information, except as follows:
(1) Birth data files containing personal identifying information
may be released to other governmental agencies, subject to Sections
102430 and 102447.
(2) Birth data files containing personal identifying information
may be released to researchers who have received approval for
specific research pursuant to subdivision (c) of Section 102430.
(3) Death data files containing personal identifying information
may be released to persons expressing a valid scientific interest, as
determined by the appropriate committee constituted for the
protection of human subjects that is approved by the United States
Department of Health and Human Services and has a general assurance
pursuant to Part 46 (commencing with Section 46.101) of Title 45 of
the Code of Federal Regulations.
(4) (A) Notwithstanding any other provision of law, in order to
prevent identity theft and fraud, information contained in death data
files may be released to financial institutions, or consumer credit
reporting agencies, as defined in subdivision (d) of Section 1785.3
of the Civil Code, or their agents and representatives, for the sole
purpose of ascertaining whether an individual is still living. For
purposes of this paragraph, this information shall be limited to
first name, middle name, last name, date of birth, date of death,
mother's maiden name, father's surname, social security number, and
gender.
(B) The information accessed pursuant to this paragraph shall be
limited to the uses described in this paragraph and shall not be
used, sold, shared, or disclosed for profiling or any other purpose
inconsistent with the uses permitted by this paragraph. For the
purposes of this paragraph, "profiling" means the use of statistics
concerning race, ethnicity, disease, or cause of death to classify
customers for a business reason.
(C) Applicants for access to limited death data files shall
complete the written application specified in subdivision (d), and
shall include on that application a statement that the data will be
used solely for the purpose of determining whether individuals are
still living.
(c) Any person who, in violation of this section, uses, sells,
shares, or discloses any information provided pursuant to this
section, or who uses information provided pursuant to this section in
a manner other than as authorized pursuant to this section, may be
denied further access to any personally identifying confidential
information maintained by the department. That person shall also be
subject to the assessment of a civil penalty by the department in the
amount of ____ ($____). The penalty provided in this section shall
not be construed as restricting any remedy, criminal, provisional, or
otherwise, provided by law for the benefit of the department or any
person.
(d) All requests for information pursuant to this section shall be
by written application. The application shall disclose the identity
of the requester and the purpose for which the data is intended.
The application shall contain an affirmation by the requester that
the information shall be maintained in a secure fashion and will not
be transferred, used, sold, shared, or disclosed to another party and
a notice that states, "IT IS A CRIME TO WILLFULLY OBTAIN AND USE
PERSONAL IDENTIFYING INFORMATION OF ANOTHER FOR ANY UNLAWFUL PURPOSE."
The application shall contain a statement signed by the requester
under penalty of perjury that only the requester will use the data
and only for the purpose identified in the application.
(e) The department shall adopt any regulations necessary to
implement this section as emergency regulations.
(f) The department may establish and impose reasonable charges to
offset the costs of preparing and releasing birth and death data
files.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because in that regard this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.




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